Judgment

N.M.KASLIWAL,J.

(1) BOTH these appeals by grant of special leave are directed against the common judgment of the High court of Gujarat dated 6/04/1978. This litigation has a long chequered history but we would succinctly narrate such facts which are necessary for the disposal of these appeals. Thakore Shree Jagdevsinhi since dead and now represented through his heirs and legal representatives (hereinafter referred to as the plaintiff) was the ruler of Umeta State and he was also a registered Talukdar and owner of five villages, including village Kothiyakhad in the State of Gujarat. This village Kothiyakhad is situated on the bank of River Mahi. The plaintiff filed a suit for declaration that he was the owner of suit land A Kothiyakhad Bhatha bearing survey No. 247 admeasuring 100 acres and 38 gunthas and of landed property plot B referred to as SHREE JAGDEVSINHI RAMSINHJI (Kasliwal, J.) Mahmedpura land and for recovery of possession and for rendition of accounts of income from 1/11/1952 till the date of handing over possession. The plaintiff had claimed the suit properties as his personal properties as a Talukdar and in the alternative it was alleged t